Subject: Adobe Phase II, Tower II HEIGHT AND BULK WAIVER
COUNCIL DISTRICT: _3__
Redevelopment Agency staff recommends that the City Council, pursuant to the development regulations set forth in Section 20.28.620 of the prior Zoning Code, authorize the Adobe Phase II, Tower II Project to exceed the maximum floor area ratio, number of stories, and height development regulations of the C-3 Zoning District with a height and bulk waiver for a Class A office tower totaling 268,783 gross square feet of office with a maximum height of 260 feet above grade (eighteen floors).
On May 22, 2001, the City Council and Redevelopment Agency Board approved an amendment to the Disposition and Development Agreement with Adobe Systems for the development of an expanded Phase Two office tower and parking project, and approve the schematic design for the project.
Currently, the site is zoned CG – “Commercial General” under the newly updated Zoning Ordinance. However, because the application for this office tower was completed prior to the effective date of the new ordinance, this project is being reviewed according to the development regulations of the previous C-3 “Commercial” Zoning District.
The applicant, Adobe Systems, is requesting authorization to develop a project that exceeds the applicable development regulations for maximum floor area, number of stories and height to accommodate the construction of a high-rise office tower (see attached plans). Both the prior and the updated Zoning Ordinance specifically allow an applicant to make this request.
The project is in the Park Center Plaza Redevelopment Project Area in the Downtown Core on the west side of Almaden Boulevard, between West San Fernando Street and Park Avenue. The following steps on this project have been accomplished: 1) The applicant provided evidence of a determination of no hazard from the FAA, dated February 6, 2001, allowing the proposed building height of 260 feet above grade; 2) The Agency Board approved the schematic design of the proposed project on May 22, 2001 and; 3) The Planning Commission held a hearing on May 23, 2001 to consider the applicant’s request for a Height and Bulk Waiver, and provided a recommendation to the City Council to approve the request as set forth in Attachment I. As a result of these actions, the request is ready for City Council consideration.
If the Council approves this request, the pending Site Development Permit will be processed. A valid Site Development Permit must be approved by the Executive Director prior to issuance of a Building Permit for this project.
The C-3 Zoning District development regulations under Section 20.28.610 and 20.28.620 of the Zoning Ordinance do not allow the floor area ratio to exceed three times the surface area (3:1) of the lot within which the buildings are proposed to be situated. The proposed floor area ratio of this project is approximately 7:1. These regulations also state that the maximum number of stories and height of a building shall not exceed 8 stories or 100 feet, whichever is less. The height of the proposed building is to be 18 stories above grade, or approximately 245 feet in height.
These development regulations also state, however, that “the City Council, after it has received a report thereon from the Planning Commission, … may authorize a greater floor area, number of stories and/or height if it finds that such is not inconsistent with the general purposes of the zoning ordinance and would promote the general welfare of the public health, safety, or welfare.” A copy of the Planning Commission recommendation is attached to this memo with a copy of the Staff Report to the Planning Commission.
The
project is consistent with the purpose of the Zoning Ordinance because it brings
high-rise development to the Downtown that will help achieve the goals of the
General Plan by implementing the strategy for downtown revitalization contained
in the General Plan. This, as well as
the Downtown Strategy Plan 2010, encourages development in the Downtown in
excess of the development regulations normally allowed by the Zoning Ordinance
to achieve a high-rise character.
Therefore, the proposed project is consistent with the General Plan,
Zoning Ordinance and Downtown Strategy Plan, and therefore promotes the general
public’s health, safety, and welfare.
The
proposed Adobe Tower, Phase II, Tower II, is the third on the Adobe
campus. It is consistent in height and
density with the existing two towers.
Both existing buildings were designed by HOK Architects, as is the
current project. The third tower
incorporates the same stone, glass and steel elements and basic building form
as the existing towers. The first two
towers were 18 and 16 stories respectively, and the proposed tower is 18 stories. The combination of building heights and
setbacks creates a strong silhouette from a distant daytime view and provides
an overall impression of rooftop interest when viewed from different points
around San Jose. The three towers will
function well together and provide a unified, yet varied, image for Adobe and
reinforce a strong urban statement for the downtown.
This memorandum has been coordinated with the City
Attorney’s Office and the Department of Planning, Building and Code Enforcement.
An
Environmental Impact Report, “Downtown Strategy Plan Supplemental EIR” was
prepared and certified on April 27, 1999, by the City Council Resolution
68839. A subsequent EIR will not be
prepared because the project does not involve new significant environmental
effects or substantial increases in the severity of previously identified
significant effects. The circumstances
under which this project will be considered have not substantially changed
since the previous EIR. Therefore, major
revisions of the previous EIR are not required. No new information of substantial importance shows that the
project will have one or more significant effects not discussed in the previous
EIR.
SUSAN F. SHICK
Executive Director